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(영문) 서울남부지방법원 2020.08.27 2020고단807
특정범죄가중처벌등에관한법률위반(위험운전치상)등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 26, 2016, the Defendant was issued a summary order of KRW 3 million for each of the same crimes at the Seoul Southern District Court (hereinafter “Seoul Southern District Court”) and the Seoul Central District Court (hereinafter “Seoul Central District Court”) on May 16, 2017.

Criminal facts

The Defendant is a person who is engaged in driving of a motor bicycle B RACING 125I 124cc.

On December 24, 2019, at around 01:02, the Defendant was under the influence of alcohol so that it is difficult to drive normally due to the influence of alcohol, while under the influence of alcohol, at around 01:02, the Defendant driven the above Oralba, and driven the front road of Yeongdeungpo-gu Seoul Metropolitan Government C along the direction of the Oralba, along the three-lane distance from both south and south to the Oralba.

In such cases, a person engaged in driving of a motorcycle has a duty of care to prevent accidents in advance by driving safely by checking the front side and the left side well.

Nevertheless, the Defendant neglected to do so and went in the same direction as before the Defendant, while driving in the same direction as before, and driving by the victim D (the age of 56) who was in the atmosphere of the signal, suffered bodily injury, such as salt, tension, etc., of the EK5-si that requires approximately two weeks of treatment to the Defendant’s Oral part before and after the Defendant’s Oral part.

As a result, the Defendant driven a motorcycle in a state where normal driving is difficult due to influence of drinking, thereby causing the injury of people, and violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the circumstances of a driver with a driver with a driving, report on the circumstances of a driver with a driver with a driving accident, statement on the occurrence of a traffic accident, the closure of a black stuff image screen, 112 report handling records, and inquiry into the results of the crackdown on drinking driving

1. A medical certificate;

1. Previous convictions in judgment: Application of Acts and subordinate statutes by making dispositions, portraits and criminal records records, etc.;

1. Aggravated punishment of specific crimes committed under the relevant Act as to the crime.

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